Practice Relating to Rule 152. Command Responsibility for Orders to Commit War Crimes
The Russian Federation’s Criminal Code (1996) states:
Article 42. Execution of Order or Instruction
1. Infliction of harm to legally protected interests shall not be qualified as an act of crime provided it was caused by a person acting in execution of an order or instruction binding on him. Criminal responsibility for infliction of such harm shall be borne by the person who gave the illegal order or instruction.
2. A person who committed an intentional offence in execution of an order or instruction known to be illegal shall be liable under the usual terms. Failure to execute the order or instruction known to be illegal shall preclude criminal liability.
The Criminal Code also states that superiors are responsible for their orders, their consequences and their conformity with current legislation.